Saudia Private Aviation Charter Terms & Conditions

Charter Terms and Conditions

1. Provision of Aircraft & Price

1.1 Once a flight is sold, SPA shallprovide the Aircraft for the Customer’s use, properly equipped,manned and fuelled. The crew who shall be SPA employees servants or agents, shall fly according to the Flight Schedule as requested by the customer. SPA’semployees, servantsor agents shall follow SPA’s instructions only.

1.2If customer chose to pay by credit cardadministrative fees of 3% of the total cost ofthe flight will be applied.

1.3 Mode of Payment: Total amount to be deposited before setting up the flight.

1.4The Price includes, standard cateringcharges, the costs incurred in the operation of the Aircraft, the costs of crew, fuel, oil lubricants, maintenance, insurance, landing and navigation fees, airport charges and similar operational expenses.

3. Flight Schedule

3.1If the Customer requests the use of theAircraft for any flight(s) and /or servicesother than as specified in the Flight Schedule agreed upon, without prejudice to SPA’s absolute right to refuse such request, if SPA agrees to perform any such flight(s) the Customer shall on demand pay to SPA in respect of such flight(s) and or services, such sum(s) as SPA shall notify to the Customer as the amount forsuch additionalflights(s) and/or services together with all fees and charges incurred, arising from, or inconnection with SPA’s performance of each additional flight and/or service,including butnot limited to and without prejudice to the generality of the foregoing, landing fees, hangarage fees, parking fees, navigation fees, ground service and handling fees,customs dutiesand fees, airport surcharges, accommodation, meals and refreshment charges forpassengers and crew and all other associated expenses thereby incurred.

4. SPA’s Discretion & Diversions

4.1 The Captainof the Aircraft (the “Captain”)shall have absolute discretion to decide what load, includingthe number of passengers, maysafely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether, how and when a flight may be safely undertaken and when, how and where the Aircraft shall be landed. All such decisions of the Captain shall be final and binding on the Customer and SPA shall not be liable to the Customer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the Captain.

4.2 The amount and weight of accompanied baggage shall be according to aircraft limitations and at SPA’s discretion.

4.2.1The following or like articles, namely, live animals may only be carried with SPA’s prior knowledge and consent. SPA has the absolute and sole discretion to grant or withhold Such consent.

4.2.2The following or like articles, namely, explosives, combustible materials firearms and live animals, and other such hazardous cargo, including (without limitation) those listed on the current edition of the IATA Dangerous Goods Regulation or such other re-enactment of that Regulation, shall not be carried on boardany flights. SPA may inspect and examine any baggage or cargo belonging to any passengerwhether accompanied or not. Furthermore and without prejudice to the foregoing, SPA mayrefuse to carry any baggage considered by the Captain or by any other responsible employee,servant or agent of SPA, to be unsuitable for carriage by air whether by its nature or anyapplicable laws or regulations of any country to, from or over which the Aircraft may be flown.

4.3 If, for reasons of safety or security orother operational reasons not being the fault of SPA or attributable to the Customer or anypassengers, the Aircraft is diverted from any schedule destination specified in the FlightSchedule, SPA shall use its reasonable endeavors to procure that, as soon as reasonably practicable after arrival at such alternate destination, the Aircraft is flownto its scheduleddestination. SPA shall have no liability or responsibility to theCustomer or any other party foranydelay to passengers, baggage or cargo so occasioned (but SPA will pay the additional costsandexpenses incurred by it arising as a result of the diversion and/or the flight to the scheduled destination).

5.Flight Cancellation Terms

-25% of flight fees if cancelled between 48 and 24 hours before flight.

-50% of flight fees if cancelled within 24 to 12 hours before flight.

-75% of flight fees if cancelled between 12 hours to flight take-off time.

6.Non-performance or Delay

6.1 In theevent ofnon-performance or delaycaused by any circumstances whatsoever beyond the reasonablecontrol of SPA including, but notlimited to, acts of terrorism, acts of third parties, labor difficulties, force majeure(including but not limited to inclement weather), technical breakdown, accident to the Aircraft (or any part thereof) or any machinery to be used in relation tothe Aircraft, SPA shall useits reasonable endeavors to perform or continue the FlightSchedulebut otherwise shall have noliability to the Customer or any passengers for such non-performance or delay and any time so lost shall not count in computing demurrage.

7. Laws and Traffic Regulations

7.1 The Aircraft shall be used onlyin compliancewith the laws and regulations of the relevant authoritiesof the Kingdom of SaudiArabia or anyother country to, from or over which the Aircraft isflown. SPA shall, at its own expense,apply for and use its reasonable endeavors to procure thegrant of all licenses or permitsrequired by the laws of the Kingdom of Saudi Arabia and of any other country to,from or overwhich the Aircraft is to be flown for the performanceof the relevant Flight Schedule.

7.2 SPA shall apply and complete such documents relating to the carriage undertaken pursuant to this Agreement as SPA shall in its absolute discretion consider necessary and, when requested by SPA, the Customer shall give to SPA in good time, all information and assistance required to complete such documents.

7.3 The Customer represents and warrants that all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destinationof the flight. In the event that any immigrationauthorities refuse entry to anypassenger(s) and SPA is required to transport such passenger(s) to the pointoforigin of the flightor to any other point then the cost of so doing shallbe payable bythe Customer to SPAimmediately upon demand. Where notices or informationare deliveredtothe Customer or itsagents by SPA for distribution to passengers, the Customer warrants andundertakes to SPA thatit will effect delivery of such notices or informationto the passengers at a reasonabletime prior to the commencement of the Flight Schedule and shallindemnifySPA against all liabilities, costs and expenses which result from any failureby SPAto effectsuch delivery.

7.4 The Customer will comply with and shall use its best endeavors to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of SPA and all customs, police, public health and other laws and regulations which are applicable in the countries in which flights are originated, landings are made or over which flights are made.

8. Notices

8.1 Any noticerequired begiven hereunder shallbe given by sending the same by facsimile, email, prepaidpost or byhand delivery to theaddress of the addressee shown in this Agreement or to such otheraddress as either party may notify to the other for this purpose. If sending by facsimile, notice shall be deemed tohave been given at the time of dispatch and if sending by post, notice shall be deemed to havebeen given on the day on which it would have been received in due course of post.